Pernice v. State

Gary Pernice appeals an order revoking his probation and sentencing him to nine years’ imprisonment for three counts of grand theft. The State alleged two probation violations: a violation of special condition 4 based on Pernice’s failure to make a lump sum restitution payment of $500,000, and a violation of condition 3 based on Pernice engaging in the unauthorized practice of law. The trial court found Pernice in violation of both conditions. The record supports the court’s findings as to condition 3; however, the court erred by finding Pernice in violation of special condition 4 without…